State v. Marshall

OPINION

BUSTAMANTE, J.

{1} Defendant was found guilty of trafficking methamphetamine by manufacturing, possession of drug paraphernalia, and conspiracy to commit trafficking methamphetamine by manufacturing. The sole issue on appeal is whether Defendant was entitled to a jury instruction on a personal use defense to the trafficking by manufacturing charge. Because we conclude that trafficking by manufacture as defined by the Legislature does not allow for a personal use exception, we affirm the district court’s refusal to instruct the jury on this defense.

BACKGROUND

{2} The facts are generally…